Pellitteri v. Prine, No. 13-14297 (11th Cir. 2015)
Annotate this CasePlaintiff, a former deputy sheriff for the county, filed suit against the Sheriff, in his individual and official capacity, and the county, alleging that defendants violated her rights when they wrongfully terminated her. On appeal, the Sheriff challenged the district court's denial of his motion to dismiss. Balancing the three factors of Eleventh Amendment immunity in Manders v. Lee, the court concluded that the Sheriff enjoys Eleventh Amendment immunity against plaintiff's wrongful termination claims brought against him in his official capacity under 42 U.S.C. 1983 and the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. Accordingly, the court reversed the district court's denial of the Sheriff's motion to dismiss and remanded for further proceedings.
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